Bill Text: MN HF1389 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Finance and budget provisions changed, Office of MN.IT Services added to provisions and MN.IT provisions changed, and state information network exempted from term limitations on contracts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 134 [HF1389 Detail]
Download: Minnesota-2013-HF1389-Engrossed.html
Bill Title: Finance and budget provisions changed, Office of MN.IT Services added to provisions and MN.IT provisions changed, and state information network exempted from term limitations on contracts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 134 [HF1389 Detail]
Download: Minnesota-2013-HF1389-Engrossed.html
1.2relating to state government; changing certain finance and budget provisions;
1.3adding the Office of MN.IT Services to certain provisions and changing certain
1.4MN.IT provisions;amending Minnesota Statutes 2012, sections 3.30, subdivision
1.52; 3.3005, subdivision 4, by adding a subdivision; 3.736, subdivision 7; 3D.14;
1.64.07, subdivision 2; 4A.01, subdivision 3; 4A.02; 15.06, subdivision 1; 15.76,
1.7subdivisions 1, 2, 3; 16A.056, subdivision 7; 16A.095; 16A.10, subdivisions
1.81, 1c; 16A.127, subdivision 4; 16A.96, subdivision 2; 16E.01, subdivision 1;
1.916E.04, subdivision 2; 16E.18, subdivision 8; 43A.08, subdivision 1a; 299C.65,
1.10subdivision 1; 403.36, subdivision 1; 477A.03, subdivision 2b; repealing
1.11Minnesota Statutes 2012, sections 3.989, subdivision 2; 15.06, subdivision 1a;
1.1216A.06, subdivision 9; 16A.103, subdivision 4; 16A.106; 43A.31, subdivision 2;
1.13127A.095, subdivision 3; 325G.415; Laws 2000, chapter 479, article 2, section 1,
1.14as amended.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 3.30, subdivision 2, is amended to read:
1.17 Subd. 2. Members; duties. The majority leader of the senate or a designee, the
1.18chair of the senate Committee on Finance, and the chair of the senate Division of Finance
1.19responsible for overseeing the items being considered by the commission, the speaker of
1.20the house or a designee, the chair of the house of representatives Committee on Ways and
1.21Means, and the chair of the appropriate finance committee, or division of the house of
1.22representatives committee responsible for overseeing the items being considered by the
1.23commissioner, constitute the Legislative Advisory Commission. The division chair of the
1.24Finance Committee in the senate and the division chair of the appropriate finance committee
1.25or division in the house of representatives shall rotate according to the items being
1.26considered by the commission. If any of the members elect not to serve on the commission,
1.27the house of which they are members, if in session, shall select some other member for
1.28the vacancy. If the legislature is not in session, vacancies in the house of representatives
2.1membership of the commission shall be filled by the last speaker of the house or, if the
2.2speaker is not available, by the last chair of the house of representatives Rules Committee,
2.3and by the last senate Committee on Committees or other appointing authority designated
2.4by the senate rules in case of a senate vacancy. The commissioner of management and
2.5budget shall be secretary of the commission and keep a permanent record and minutes of
2.6its proceedings, which are public records.The commissioner of management and budget
2.7shall transmit, under section
3.195, a report to the next legislature of all actions of the
2.8commission. Members shall receive traveling and subsistence expenses incurred attending
2.9meetings of the commission. The commission shall meet from time to time upon the call of
2.10the governor or upon the call of the secretary at the request of two or more of its members.
2.11A recommendation of the commission must be made at a meeting of the commission
2.12unless a written recommendation is signed by all the members entitled to vote on the item.
2.13 Sec. 2. Minnesota Statutes 2012, section 3.3005, subdivision 4, is amended to read:
2.14 Subd. 4. Interim procedures; urgencies. If federal money becomes available to the
2.15state for expenditure after the deadline in subdivision 2 or while the legislature is not in
2.16session, and the availability of money from that source or for that purpose or in thatfiscal
2.17year biennium could not reasonably have been anticipated and included in the governor's
2.18budget request, and an urgency requires that all or part of the money be allotted before the
2.19legislature reconvenes or prior to the end of the 20-day period specified in subdivision 2, it
2.20may be allotted to a state agency after the requirements of subdivision 5 are met.
2.21 Sec. 3. Minnesota Statutes 2012, section 3.3005, is amended by adding a subdivision
2.22to read:
2.23 Subd. 7. Approvals for both years of the biennium. Approval of federal money
2.24by any of the methods in this section is for the full term of availability of federal funds, up
2.25to the end of the biennium during which the approval is made.
2.26 Sec. 4. Minnesota Statutes 2012, section 3.736, subdivision 7, is amended to read:
2.27 Subd. 7. Payment. A state agency, including an entity defined as part of the
2.28state in section3.732, subdivision 1 , clause (1), incurring a tort claim judgment or
2.29settlement obligation or whose employees acting within the scope of their employment
2.30incur the obligation shall seek approval to make paymentby submitting a written request
2.31to the commissioner of management and budget from the commissioner or director
2.32of that agency. The request shall contain a description of the tort claim that causes
2.33the request, specify the amount of the obligation and be accompanied by copies of
3.1judgments, settlement agreements or other documentation relevant to the obligation for
3.2which the agency seeks payment. Upon receipt of the request and review of the claim,
3.3the commissionerof management and budget or director shall determine the proper
3.4appropriation from which to make payment. If there is enough money in an appropriation
3.5or combination of appropriations to the agency for its general operations and management
3.6to pay the claim without unduly hindering the operation of the agency, the commissioner
3.7or director shall direct that payment be made from that source. Claims relating to activities
3.8paid for by appropriations of dedicated receipts shall be paid from those appropriations if
3.9practicable. On determining that an agency has sufficient money in these appropriations
3.10to pay only part of a claim, the commissioner of management and budget shall pay the
3.11remainder of the claim from the money appropriated to the commissioner for the purpose.
3.12On determining that the agency does not have enough money to pay any part of the claim,
3.13the commissioner shall pay all of the claim from money appropriated to the commissioner
3.14for the purpose. Payment shall be made only upon receipt of a written release by the
3.15claimant in a form approved by the attorney general, or the person designated as the
3.16university attorney, as the case may be.
3.17No attachment or execution shall issue against the state.
3.18 Sec. 5. Minnesota Statutes 2012, section 3D.14, is amended to read:
3.193D.14 CONTINUATION BY LAW.
3.20(a) The following departments and agencies must be reviewed according to the
3.21schedule in section3D.21 , but do not expire according to that schedule, unless another law
3.22is enacted providing that the entity does expire:
3.23(1) a department or agency listed in section15.01 , or section
15.06, subdivision 1
3.24 or 1a; and
3.25(2) the Office of Higher Education, Explore Minnesota Tourism, and the Public
3.26Utilities Commission.
3.27(b) During the regular session immediately before the sunset of a state agency or an
3.28advisory committee that expires under section3D.21 , the legislature may enact legislation
3.29to continue the agency or advisory committee for a period not to exceed 12 years. This
3.30chapter does not prohibit the legislature from:
3.31(1) terminating a state agency or advisory committee subject to this chapter at a date
3.32earlier than that provided in this chapter; or
3.33(2) considering any other legislation relative to a state agency or advisory committee
3.34subject to this chapter.
4.1 Sec. 6. Minnesota Statutes 2012, section 4.07, subdivision 2, is amended to read:
4.2 Subd. 2. State agency named to act instead. The governor may designate a state
4.3agency or agencies to act for the governor in applying for, receiving, and accepting federal
4.4funds under the provisions of subdivision 1.Such designation of a state department or
4.5agency shall be filed in the Office of the Secretary of State.
4.6 Sec. 7. Minnesota Statutes 2012, section 4A.01, subdivision 3, is amended to read:
4.7 Subd. 3. Report. The commissioner must submit a report to the governor and chairs
4.8and ranking minority members of the senate and house of representatives committees
4.9with jurisdiction on state government finance by January 15 of each year that provides
4.10economic, social, and environmental demographic information to assist public and elected
4.11officials with long-term management decisions. The report must identify and assess
4.12the information important to understanding the state's two-, ten-, and 50-year outlook,
4.13including the budget implications for those time periods. The report must include the
4.14demographic forecast required by section4A.02 , paragraph (e), and information to assist
4.15with the preparation of the milestones report required by section4A.11 , and may include
4.16policy recommendations based upon the information and assessment provided.
4.17 Sec. 8. Minnesota Statutes 2012, section 4A.02, is amended to read:
4.184A.02 STATE DEMOGRAPHER.
4.19(a) The commissioner shall appoint a state demographer. The demographer must be
4.20professionally competent in demography and must possess demonstrated ability based
4.21upon past performance.
4.22(b) The demographer shall:
4.23(1) continuously gather and develop demographic data relevant to the state;
4.24(2) design and test methods of research and data collection;
4.25(3) periodically prepare population projections for the state and designated regions
4.26and periodically prepare projections for each county or other political subdivision of the
4.27state as necessary to carry out the purposes of this section;
4.28(4) review, comment on, and prepare analysis of population estimates and
4.29projections made by state agencies, political subdivisions, other states, federal agencies, or
4.30nongovernmental persons, institutions, or commissions;
4.31(5) serve as the state liaison with the United States Bureau of the Census, coordinate
4.32state and federal demographic activities to the fullest extent possible, and aid the
4.33legislature in preparing a census data plan and form for each decennial census;
5.1(6) compile an annual study of population estimates on the basis of county, regional,
5.2or other political or geographical subdivisions as necessary to carry out the purposes of
5.3this section and section4A.03 ;
5.4(7) by January 1 of each year, issue a report to the legislature containing an analysis
5.5of the demographic implications of the annual population study and population projections;
5.6(8) prepare maps for all counties in the state, all municipalities with a population
5.7of 10,000 or more, and other municipalities as needed for census purposes, according to
5.8scale and detail recommended by the United States Bureau of the Census, with the maps
5.9of cities showing precinct boundaries;
5.10(9) prepare an estimate of population and of the number of households for each
5.11governmental subdivision for which the Metropolitan Council does not prepare an annual
5.12estimate, and convey the estimates to the governing body of each political subdivision
5.13by June 1 of each year;
5.14(10) direct, under section414.01, subdivision 14 , and certify population and
5.15household estimates of annexed or detached areas of municipalities or towns after being
5.16notified of the order or letter of approval by the chief administrative law judge of the
5.17State Office of Administrative Hearings;
5.18(11) prepare, for any purpose for which a population estimate is required by law
5.19or needed to implement a law, a population estimate of a municipality or town whose
5.20population is affected by action under section379.02 or
414.01, subdivision 14 ; and
5.21(12) prepare an estimate of average household size for each statutory or home rule
5.22charter city with a population of 2,500 or more by June 1 of each year.
5.23(c) A governing body may challenge an estimate made under paragraph (b) by filing
5.24their specific objections in writing with the state demographer by June 24. If the challenge
5.25does not result in an acceptable estimate, the governing body may have a special census
5.26conducted by the United States Bureau of the Census. The political subdivision must
5.27notify the state demographer by July 1 of its intent to have the special census conducted.
5.28The political subdivision must bear all costs of the special census. Results of the special
5.29census must be received by the state demographer by the next April 15 to be used in that
5.30year's June 1 estimate to the political subdivision under paragraph (b).
5.31(d) The state demographer shall certify the estimates of population and household
5.32size to the commissioner of revenue by July 15 each year, including any estimates still
5.33under objection.
5.34(e)The state demographer shall release a demographic forecast in conjunction with
5.35the commissioner of management and budget and the November state economic forecast.
6.1(f) The state demographer may contract for the development of data and research
6.2required under this chapter, including, but not limited to, population estimates and
6.3projections, the preparation of maps, and other estimates.
6.4 Sec. 9. Minnesota Statutes 2012, section 15.06, subdivision 1, is amended to read:
6.5 Subdivision 1. Applicability. This section applies to the following departments
6.6or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
6.7Education, Employment and Economic Development, Health, Human Rights, Labor and
6.8Industry, Management and Budget, Natural Resources, Public Safety, Human Services,
6.9Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution Control
6.10Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
6.11 the Office of MN.IT Services; the Bureau of Mediation Services; and their successor
6.12departments and agencies. The heads of the foregoing departments or agencies are
6.13"commissioners."
6.14 Sec. 10. Minnesota Statutes 2012, section 15.76, subdivision 1, is amended to read:
6.15 Subdivision 1. Program established. The state agency value initiative (SAVI)
6.16program is established to encourage state agencies to identify cost-effective and efficiency
6.17measures in agency programs and operations that result in cost savings for the state.
6.18All state agencies, including Minnesota State Colleges and Universities, not separately
6.19authorized to carry forward operating funds may participate in this program.
6.20 Sec. 11. Minnesota Statutes 2012, section 15.76, subdivision 2, is amended to read:
6.21 Subd. 2. Retained savings. (a) In order to encourage innovation and creative
6.22cost savings by state employees, upon approval of the commissioner of management
6.23and budget, 50 percent of any appropriations for agency operations that remain unspent
6.24at the end of a biennium because of unanticipated innovation, efficiencies, or creative
6.25cost-savings may be carried forward and retained by the agency to fund specific agency
6.26proposals or projects. Agencies choosing to spend retained savings funds must ensure that
6.27project expenditures do not create future obligations beyond the amounts available from
6.28the retained savings. The retained savings must be used only to fund projects that directly
6.29support the performance of the agency's mission. This section does not restrict authority
6.30granted by other law to carry forward money for a different period or for different purposes.
6.31(b) This section supersedes any contrary provision of section16A.28 .
6.32 Sec. 12. Minnesota Statutes 2012, section 15.76, subdivision 3, is amended to read:
7.1 Subd. 3.Special peer review panel; Review process. (a) Each participating agency
7.2must organize a peer review panel that will determine which proposal or project receives
7.3funding from the SAVI program. The peer review panel must be comprised of department
7.4employees who are credited with cost-savings initiatives and department managers. The
7.5ratio between managers and department employees must be balanced.
7.6(b) An agency may spend money for a project recommended for funding by the
7.7peer review panel after:
7.8(1) the agency has posted notice of spending for the proposed project on the agency
7.9Web site for at least 30 days;and
7.10(2) the commissioner of management and budget has approved spending money
7.11from the SAVI account for the project.; and
7.12(c) Before approving a project, (3) the commissioner of management and budget
7.13must submit the request to has notified the Legislative Advisory Commission for its
7.14review andrecommendation comment. Upon receiving a request from the commissioner,
7.15the Legislative Advisory Commission shall post notice of the request on a legislative
7.16Web site for at least 30 days. Failure of the commission to make a recommendation
7.17within this 30-day period is considered a negative recommendation. A recommendation
7.18of the commission must be made at a meeting of the commission unless a written
7.19recommendation is signed by all the members entitled to vote on the item.
7.20 Sec. 13. Minnesota Statutes 2012, section 16A.056, subdivision 7, is amended to read:
7.21 Subd. 7. Retention of data. The database required under this section must include
7.22information beginning with fiscal year 2010 appropriations and must retain data for at
7.23least ten years.
7.24 Sec. 14. Minnesota Statutes 2012, section 16A.095, is amended to read:
7.2516A.095 STATE BUDGET SYSTEM.
7.26 Subdivision 1. Rules and instructions. The commissioner shall make rules and
7.27instructions for budget preparation. They must deal with classifying expenditures and with
7.28the content and submission of budget requests andappropriation performance measures
7.29 for each budget activity.
7.30 Subd. 2. Budget improvements. The commissioner may choose executive agencies
7.31to test improvements in the budget system. The commissioner shall recommend required
7.32legislation to install improvements in the budget system for allexecutive agencies that
7.33submit budget information in the system. The budget system must classify expenditures by
8.1programs and budget activities and, to the greatest extent practicable, emphasize alternative
8.2approaches in program development and criteria to evaluate and measure performance.
8.3 Subd. 2a. Mutual cooperation; due regard. Executive agencies must cooperate
8.4with the commissioner inmaking a preparing the budget. The budget must meet
8.5the commissioner's requirements while giving due regard to the executive agencies'
8.6requirements.
8.7 Sec. 15. Minnesota Statutes 2012, section 16A.10, subdivision 1, is amended to read:
8.8 Subdivision 1. Budget format. In each even-numbered calendar year the
8.9commissioner shall prepare budget forms and instructions for all agencies, including
8.10guidelines for reporting agency performance measures, subject to the approval of the
8.11governor. The commissioner shall request and receive advisory recommendations from
8.12the chairs of the senate Finance Committee and house of representatives Ways and
8.13Means Committee before adopting a format for the biennial budget document. By June
8.1415, the commissioner shall send the proposed budget forms to the appropriations and
8.15finance committees. The committees have until July 15 to give the commissioner their
8.16advisory recommendations on possible improvements. To facilitate this consultation, the
8.17commissioner shall establish a working group consisting of executive branch staff and
8.18designees of the chairs of the senate Finance and house of representatives Ways and Means
8.19Committees. The commissioner must involve this group in all stages of development of
8.20budget forms and instructions. The budget format must show actual expenditures and
8.21receipts for the most recent fiscal year, estimated expenditures and receipts for the current
8.22fiscal year, and estimates for each fiscal year of the next biennium. Estimated expenditures
8.23must be classified by funds and character of expenditures andmay be subclassified by
8.24programs and activities. Agency revenue estimates must have supporting documentation
8.25to show how the estimates were made and what factors were used. Receipts must be
8.26classified by funds, programs, and activities. Expenditure and revenue estimates must be
8.27based on the law in existence at the time the estimates are prepared.
8.28 Sec. 16. Minnesota Statutes 2012, section 16A.10, subdivision 1c, is amended to read:
8.29 Subd. 1c. Performance measures for change items. For each change item in the
8.30budget proposal requesting new or increased funding, the budget document must present
8.31proposed performance measures that can be used to determine if the new or increased
8.32funding is accomplishing its goals. To the extent possible, each budget change item
8.33must identify relevantMinnesota Milestones and other statewide goals and indicators
8.34related to the proposed initiative.The commissioner must report to the Subcommittee on
9.1Government Accountability established under section
3.885, subdivision 10, regarding the
9.2format to be used for the presentation and selection of Minnesota Milestones and other
9.3statewide goals and indicators.
9.4 Sec. 17. Minnesota Statutes 2012, section 16A.127, subdivision 4, is amended to read:
9.5 Subd. 4. Federal proposals. Agency applications for federal money shall include
9.6necessary submissions to recover both statewide and agency indirect costs.A copy of the
9.7indirect cost submission must be submitted to the commissioner for review. An agency
9.8indirect cost plan is unnecessary if the commissioner determines that the costs incurred in
9.9preparing and maintaining it exceed the benefit received by the state. If less than the entire
9.10agency proposal is federally approved, the commissioner may accept reimbursement of
9.11less than all of the federal receipts. If no federal funds are approved for indirect costs,
9.12the agency must document that fact to the commissioner.
9.13 Sec. 18. Minnesota Statutes 2012, section 16A.96, subdivision 2, is amended to read:
9.14 Subd. 2. Authority. (a) Subject to the limitations of this subdivision, the
9.15commissioner of management and budget may sell and issue appropriation bonds of the
9.16state under this section for the purposes of the Minnesota pay-for-performance program
9.17established in sections16A.93 to
16A.96 . Proceeds of the bonds must be credited to
9.18a special appropriation bond proceeds account in the state treasury. Net income from
9.19investment of the proceeds, as estimated by the commissioner, must be credited to the
9.20special appropriation bond proceeds account.
9.21(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
9.22the commissioner, are necessary to provide sufficient funds for achieving the purposes
9.23authorized as provided under paragraph (a), and pay debt service, pay costs of issuance,
9.24make deposits to reserve funds, pay the costs of credit enhancement, or make payments
9.25under other agreements entered into under paragraph (d); provided, however, that bonds
9.26issued and unpaid shall not exceed $10,000,000 in principal amount, excluding refunding
9.27bonds sold and issued under subdivision 4.During the biennium ending June 30, 2013,
9.28 The commissioner may sell and issue bonds only in an amount that the commissioner
9.29determines will result in principal and interest payments less than the amount of savings to
9.30be generated through pay-for-performance contracts under section16A.94 . For programs
9.31achieving savings under a pay-for-performance contract, the commissioner must reduce
9.32general fund appropriations by at least the amount of principal and interest payments on
9.33bonds issued under this section.
10.1(c) Appropriation bonds may be issued in one or more series on the terms and
10.2conditions the commissioner determines to be in the best interests of the state, but the term
10.3on any series of bonds may not exceed 20 years.
10.4(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
10.5time thereafter, so long as the appropriation bonds are outstanding, the commissioner
10.6may enter into agreements and ancillary arrangements relating to the appropriation
10.7bonds, including but not limited to trust indentures, liquidity facilities, remarketing or
10.8dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
10.9reimbursement agreements, indexing agreements, or interest exchange agreements. Any
10.10payments made or received according to the agreement or ancillary arrangement shall be
10.11made from or deposited as provided in the agreement or ancillary arrangement. The
10.12determination of the commissioner included in an interest exchange agreement that the
10.13agreement relates to an appropriation bond shall be conclusive.
10.14 Sec. 19. Minnesota Statutes 2012, section 16E.01, subdivision 1, is amended to read:
10.15 Subdivision 1. Creation; chief information officer. The Office ofEnterprise
10.16Technology MN.IT Services, referred to in this chapter as the "office," is an agency in
10.17the executive branch headed by a commissioner, who also is the state chief information
10.18officer. The appointment of thechief information officer commissioner is subject to the
10.19advice and consent of the senate under section15.066 .
10.20 Sec. 20. Minnesota Statutes 2012, section 16E.04, subdivision 2, is amended to read:
10.21 Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the
10.22office shall carry out the duties set out in this subdivision.
10.23 (b) The office shall develop and establish a state information architecture to ensure:
10.24(1) that state agency development and purchase of information and communications
10.25systems, equipment, and services is designed to ensure that individual agency information
10.26systems complement and do not needlessly duplicate or conflict with the systems of other
10.27agencies; and
10.28(2) enhanced public access to data can be provided consistent with standards
10.29developed under section16E.05, subdivision 4 .
10.30When state agencies have need for the same or similar public data, the chief information
10.31officer, in coordination with the affected agencies, shall manage the most efficient and
10.32cost-effective method of producing and storing data for or sharing data between those
10.33agencies. The development of this information architecture must include the establishment
11.1of standards and guidelines to be followed by state agencies. The office shall ensure
11.2compliance with the architecture.
11.3 (c) The office shall, in cooperation with state agencies, plan and manage the
11.4development and improvement of information systems so that an individual information
11.5system reflects and supports the state agency's mission and the state's requirements
11.6and functions.The office shall review and approve agency technology plans to ensure
11.7consistency with enterprise information and telecommunications technology strategy. By
11.8January 15 of each year, the chief information officer must report to the chairs and the
11.9ranking minority members of the legislative committees and divisions with jurisdiction over
11.10the office regarding the assistance provided under this paragraph. The report must include
11.11a listing of agencies that have developed or are developing plans under this paragraph.
11.12 (d) The office shall review and approve agency requests for funding for the
11.13development or purchase of information systems equipment or software before the
11.14requests may be included in the governor's budget.
11.15 (e) The office shall review and approve agency requests for grant funding that have
11.16an information and technology component.
11.17(f) The office shall review major purchases of information systems equipment to:
11.18 (1) ensure that the equipment follows the standards and guidelines of the state
11.19information architecture;
11.20 (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
11.21volume purchasing; and
11.22 (3) ensure that the equipment is consistent with other systems in other state agencies
11.23so that data can be shared among agencies, unless the office determines that the agency
11.24purchasing the equipment has special needs justifying the inconsistency.
11.25 (g) The office shall review the operation of information systems by state agencies
11.26and ensure that these systems are operated efficiently and securely and continually meet
11.27the standards and guidelines established by the office. The standards and guidelines must
11.28emphasize uniformity that is cost-effective for the enterprise, that encourages information
11.29interchange, open systems environments, and portability of information whenever
11.30practicable and consistent with an agency's authority and chapter 13.
11.31(h) The office shall conduct a comprehensive review at least every three years of
11.32the information systems investments that have been made by state agencies and higher
11.33education institutions. The review must include recommendations on any information
11.34systems applications that could be provided in a more cost-beneficial manner by an outside
11.35source. The office must report the results of its review to the legislature and the governor.
12.1 Sec. 21. Minnesota Statutes 2012, section 16E.18, subdivision 8, is amended to read:
12.2 Subd. 8. Exemption. The system is exempt from the five-year limitation on contracts
12.3set by sections16C.05, subdivision 2 , paragraph (b),
16C.08, subdivision 3 , clause (5),
12.4and16C.09 , clause (6). The system is exempt from section 16C.03, subdivision 17.
12.5 Sec. 22. Minnesota Statutes 2012, section 43A.08, subdivision 1a, is amended to read:
12.6 Subd. 1a. Additional unclassified positions. Appointing authorities for the
12.7following agencies may designate additional unclassified positions according to this
12.8subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
12.9Education; Employment and Economic Development; Explore Minnesota Tourism;
12.10Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
12.11Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the
12.12Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
12.13Investment; the Office of Administrative Hearings; the Office of MN.IT Services; the
12.14Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota State
12.15Colleges and Universities; the Minnesota Office of Higher Education; the Perpich Center
12.16for Arts Education; and the Minnesota Zoological Board.
12.17A position designated by an appointing authority according to this subdivision must
12.18meet the following standards and criteria:
12.19(1) the designation of the position would not be contrary to other law relating
12.20specifically to that agency;
12.21(2) the person occupying the position would report directly to the agency head or
12.22deputy agency head and would be designated as part of the agency head's management
12.23team;
12.24(3) the duties of the position would involve significant discretion and substantial
12.25involvement in the development, interpretation, and implementation of agency policy;
12.26(4) the duties of the position would not require primarily personnel, accounting, or
12.27other technical expertise where continuity in the position would be important;
12.28(5) there would be a need for the person occupying the position to be accountable to,
12.29loyal to, and compatible with, the governor and the agency head, the employing statutory
12.30board or commission, or the employing constitutional officer;
12.31(6) the position would be at the level of division or bureau director or assistant
12.32to the agency head; and
12.33(7) the commissioner has approved the designation as being consistent with the
12.34standards and criteria in this subdivision.
13.1 Sec. 23. Minnesota Statutes 2012, section 299C.65, subdivision 1, is amended to read:
13.2 Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice
13.3Information Policy Group consists of the commissioner of corrections, the commissioner
13.4of public safety, the state chief information officer,the commissioner of management and
13.5budget, four members of the judicial branch appointed by the chief justice of the Supreme
13.6Court, and the chair and first vice-chair of the Criminal and Juvenile Justice Information
13.7Task Force. The policy group may appoint additional, nonvoting members as necessary
13.8from time to time.
13.9(b) The commissioner of public safety is designated as the chair of the policy group.
13.10The commissioner and the policy group have overall responsibility for the integration of
13.11statewide criminal justice information systems. This integration effort shall be known
13.12as CriMNet. The policy group may hire an executive director to manage the CriMNet
13.13projects and to be responsible for the day-to-day operations of CriMNet. The executive
13.14director shall serve at the pleasure of the policy group in unclassified service. The policy
13.15group must ensure that generally accepted project management techniques are utilized for
13.16each CriMNet project, including:
13.17(1) clear sponsorship;
13.18(2) scope management;
13.19(3) project planning, control, and execution;
13.20(4) continuous risk assessment and mitigation;
13.21(5) cost management;
13.22(6) quality management reviews;
13.23(7) communications management;
13.24(8) proven methodology; and
13.25(9) education and training.
13.26(c) Products and services for CriMNet project management, system design,
13.27implementation, and application hosting must be acquired using an appropriate
13.28procurement process, which includes:
13.29(1) a determination of required products and services;
13.30(2) a request for proposal development and identification of potential sources;
13.31(3) competitive bid solicitation, evaluation, and selection; and
13.32(4) contract administration and close-out.
13.33(d) The policy group shall study and make recommendations to the governor, the
13.34Supreme Court, and the legislature on:
14.1(1) a framework for integrated criminal justice information systems, including the
14.2development and maintenance of a community data model for state, county, and local
14.3criminal justice information;
14.4(2) the responsibilities of each entity within the criminal and juvenile justice systems
14.5concerning the collection, maintenance, dissemination, and sharing of criminal justice
14.6information with one another;
14.7(3) actions necessary to ensure that information maintained in the criminal justice
14.8information systems is accurate and up-to-date;
14.9(4) the development of an information system containing criminal justice
14.10information on gross misdemeanor-level and felony-level juvenile offenders that is part of
14.11the integrated criminal justice information system framework;
14.12(5) the development of an information system containing criminal justice
14.13information on misdemeanor arrests, prosecutions, and convictions that is part of the
14.14integrated criminal justice information system framework;
14.15(6) comprehensive training programs and requirements for all individuals in criminal
14.16justice agencies to ensure the quality and accuracy of information in those systems;
14.17(7) continuing education requirements for individuals in criminal justice agencies
14.18who are responsible for the collection, maintenance, dissemination, and sharing of
14.19criminal justice data;
14.20(8) a periodic audit process to ensure the quality and accuracy of information
14.21contained in the criminal justice information systems;
14.22(9) the equipment, training, and funding needs of the state and local agencies that
14.23participate in the criminal justice information systems;
14.24(10) the impact of integrated criminal justice information systems on individual
14.25privacy rights;
14.26(11) the impact of proposed legislation on the criminal justice system, including any
14.27fiscal impact, need for training, changes in information systems, and changes in processes;
14.28(12) the collection of data on race and ethnicity in criminal justice information
14.29systems;
14.30(13) the development of a tracking system for domestic abuse orders for protection;
14.31(14) processes for expungement, correction of inaccurate records, destruction of
14.32records, and other matters relating to the privacy interests of individuals; and
14.33(15) the development of a database for extended jurisdiction juvenile records and
14.34whether the records should be public or private and how long they should be retained.
14.35 Sec. 24. Minnesota Statutes 2012, section 403.36, subdivision 1, is amended to read:
15.1 Subdivision 1. Membership. (a) The commissioner of public safety shall convene
15.2and chair the Statewide Radio Board to develop a project plan for a statewide, shared,
15.3trunked public safety radio communication system. The system may be referred to as
15.4"Allied Radio Matrix for Emergency Response," or "ARMER."
15.5(b) The board consists of the following members or their designees:
15.6(1) the commissioner of public safety;
15.7(2) the commissioner of transportation;
15.8(3) the state chief information officer;
15.9(4) the commissioner of natural resources;
15.10(5) the chief of the Minnesota State Patrol;
15.11(6)the commissioner of management and budget;
15.12(7) the chair of the Metropolitan Council;
15.13(8) (7) two elected city officials, one from the nine-county metropolitan area and one
15.14from Greater Minnesota, appointed by the governing body of the League of Minnesota
15.15Cities;
15.16(9) (8) two elected county officials, one from the nine-county metropolitan area
15.17and one from Greater Minnesota, appointed by the governing body of the Association
15.18of Minnesota Counties;
15.19(10) (9) two sheriffs, one from the nine-county metropolitan area and one from
15.20Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs'
15.21Association;
15.22(11) (10) two chiefs of police, one from the nine-county metropolitan area and one
15.23from Greater Minnesota, appointed by the governor after considering recommendations
15.24made by the Minnesota Chiefs' of Police Association;
15.25(12) (11) two fire chiefs, one from the nine-county metropolitan area and one from
15.26Greater Minnesota, appointed by the governor after considering recommendations made
15.27by the Minnesota Fire Chiefs' Association;
15.28(13) (12) two representatives of emergency medical service providers, one from the
15.29nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
15.30after considering recommendations made by the Minnesota Ambulance Association;
15.31(14) (13) the chair of the regional radio board for the metropolitan area; and
15.32(15) (14) a representative of Greater Minnesota elected by those units of government
15.33in phase three and any subsequent phase of development as defined in the statewide,
15.34shared radio and communication plan, who have submitted a plan to the Statewide Radio
15.35Board and where development has been initiated.
16.1(c) The Statewide Radio Board shall coordinate the appointment of board members
16.2representing Greater Minnesota with the appointing authorities and may designate the
16.3geographic region or regions from which an appointed board member is selected where
16.4necessary to provide representation from throughout the state.
16.5 Sec. 25. Minnesota Statutes 2012, section 477A.03, subdivision 2b, is amended to read:
16.6 Subd. 2b. Counties. (a) For aids payable in 2013 and thereafter, the total aid
16.7payable under section477A.0124, subdivision 3 , is $80,795,000. Each calendar year,
16.8$500,000 shall be retained by the commissioner of revenue to make reimbursements to
16.9the commissioner of management and budget for payments made under section611.27 .
16.10For calendar year 2004, the amount shall be in addition to the payments authorized
16.11under section
477A.0124, subdivision 1. For calendar year 2005 and subsequent
16.12years, The amount shall be deducted from the appropriation under this paragraph. The
16.13reimbursements shall be to defray the additional costs associated with court-ordered
16.14counsel under section611.27 . Any retained amounts not used for reimbursement in a year
16.15shall be included in the next distribution of county need aid that is certified to the county
16.16auditors for the purpose of property tax reduction for the next taxes payable year.
16.17 (b) For aids payable in 2013 and thereafter, the total aid under section477A.0124,
16.18subdivision 4 , is $84,909,575. The commissioner of management and budget shall bill the
16.19 commissioner of revenue shall transfer to the commissioner of management and budget
16.20$207,000 annually for the cost of preparation of local impact notes as required by section
16.213.987
, not to exceed $207,000 in fiscal year 2004 and thereafter and other local government
16.22activities. Thecommissioner of education shall bill the commissioner of revenue for the
16.23cost of preparation of local impact notes for school districts as required by section
3.987,
16.24not to exceed shall transfer to the commissioner of education $7,000 in fiscal year 2004
16.25and thereafter annually for the cost of preparation of local impact notes for school districts
16.26as required by section 3.987. The commissioner of revenue shall deduct the amountsbilled
16.27 transferred under this paragraph from the appropriation under this paragraph. The amounts
16.28deducted transferred are appropriated to the commissioner of management and budget and
16.29the commissioner of educationfor the preparation of local impact notes respectively.
16.30 Sec. 26. REVISOR'S INSTRUCTION.
16.31In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall:
16.32(1) substitute the term "Office of MN.IT Services" for "Office of Enterprise
16.33Technology" in each place where the latter term appears; and
17.1(2) substitute the term "MN.IT services revolving fund" for "enterprise technology
17.2revolving fund" in each place where the latter term appears.
17.3 Sec. 27. REPEALER.
17.4(a) Minnesota Statutes 2012, sections 3.989, subdivision 2; 15.06, subdivision
17.51a; 16A.06, subdivision 9; 16A.103, subdivision 4; 16A.106; 43A.31, subdivision 2;
17.6127A.095, subdivision 3; and 325G.415, are repealed.
17.7(b) Laws 2000, chapter 479, article 2, section 1, as amended by Laws 2000, chapter
17.8499, section 41, and Laws 2001, First Special Session chapter 5, article 20, section 20, is
17.9repealed.
1.3adding the Office of MN.IT Services to certain provisions and changing certain
1.4MN.IT provisions;amending Minnesota Statutes 2012, sections 3.30, subdivision
1.52; 3.3005, subdivision 4, by adding a subdivision; 3.736, subdivision 7; 3D.14;
1.64.07, subdivision 2; 4A.01, subdivision 3; 4A.02; 15.06, subdivision 1; 15.76,
1.7subdivisions 1, 2, 3; 16A.056, subdivision 7; 16A.095; 16A.10, subdivisions
1.81, 1c; 16A.127, subdivision 4; 16A.96, subdivision 2; 16E.01, subdivision 1;
1.916E.04, subdivision 2; 16E.18, subdivision 8; 43A.08, subdivision 1a; 299C.65,
1.10subdivision 1; 403.36, subdivision 1; 477A.03, subdivision 2b; repealing
1.11Minnesota Statutes 2012, sections 3.989, subdivision 2; 15.06, subdivision 1a;
1.1216A.06, subdivision 9; 16A.103, subdivision 4; 16A.106; 43A.31, subdivision 2;
1.13127A.095, subdivision 3; 325G.415; Laws 2000, chapter 479, article 2, section 1,
1.14as amended.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 3.30, subdivision 2, is amended to read:
1.17 Subd. 2. Members; duties. The majority leader of the senate or a designee, the
1.18chair of the senate Committee on Finance, and the chair of the senate Division of Finance
1.19responsible for overseeing the items being considered by the commission, the speaker of
1.20the house or a designee, the chair of the house of representatives Committee on Ways and
1.21Means, and the chair of the appropriate finance committee, or division of the house of
1.22representatives committee responsible for overseeing the items being considered by the
1.23commissioner, constitute the Legislative Advisory Commission. The division chair of the
1.24Finance Committee in the senate and the division chair of the appropriate finance committee
1.25or division in the house of representatives shall rotate according to the items being
1.26considered by the commission. If any of the members elect not to serve on the commission,
1.27the house of which they are members, if in session, shall select some other member for
1.28the vacancy. If the legislature is not in session, vacancies in the house of representatives
2.1membership of the commission shall be filled by the last speaker of the house or, if the
2.2speaker is not available, by the last chair of the house of representatives Rules Committee,
2.3and by the last senate Committee on Committees or other appointing authority designated
2.4by the senate rules in case of a senate vacancy. The commissioner of management and
2.5budget shall be secretary of the commission and keep a permanent record and minutes of
2.6its proceedings, which are public records.
2.7
2.8
2.9meetings of the commission. The commission shall meet from time to time upon the call of
2.10the governor or upon the call of the secretary at the request of two or more of its members.
2.11A recommendation of the commission must be made at a meeting of the commission
2.12unless a written recommendation is signed by all the members entitled to vote on the item.
2.13 Sec. 2. Minnesota Statutes 2012, section 3.3005, subdivision 4, is amended to read:
2.14 Subd. 4. Interim procedures; urgencies. If federal money becomes available to the
2.15state for expenditure after the deadline in subdivision 2 or while the legislature is not in
2.16session, and the availability of money from that source or for that purpose or in that
2.17
2.18budget request, and an urgency requires that all or part of the money be allotted before the
2.19legislature reconvenes or prior to the end of the 20-day period specified in subdivision 2, it
2.20may be allotted to a state agency after the requirements of subdivision 5 are met.
2.21 Sec. 3. Minnesota Statutes 2012, section 3.3005, is amended by adding a subdivision
2.22to read:
2.23 Subd. 7. Approvals for both years of the biennium. Approval of federal money
2.24by any of the methods in this section is for the full term of availability of federal funds, up
2.25to the end of the biennium during which the approval is made.
2.26 Sec. 4. Minnesota Statutes 2012, section 3.736, subdivision 7, is amended to read:
2.27 Subd. 7. Payment. A state agency, including an entity defined as part of the
2.28state in section
2.29settlement obligation or whose employees acting within the scope of their employment
2.30incur the obligation shall seek approval to make payment
2.31
2.32of that agency. The request shall contain a description of the tort claim that causes
2.33the request, specify the amount of the obligation and be accompanied by copies of
3.1judgments, settlement agreements or other documentation relevant to the obligation for
3.2which the agency seeks payment. Upon receipt of the request and review of the claim,
3.3the commissioner
3.4appropriation from which to make payment. If there is enough money in an appropriation
3.5or combination of appropriations to the agency for its general operations and management
3.6to pay the claim without unduly hindering the operation of the agency, the commissioner
3.7or director shall direct that payment be made from that source. Claims relating to activities
3.8paid for by appropriations of dedicated receipts shall be paid from those appropriations if
3.9practicable. On determining that an agency has sufficient money in these appropriations
3.10to pay only part of a claim, the commissioner of management and budget shall pay the
3.11remainder of the claim from the money appropriated to the commissioner for the purpose.
3.12On determining that the agency does not have enough money to pay any part of the claim,
3.13the commissioner shall pay all of the claim from money appropriated to the commissioner
3.14for the purpose. Payment shall be made only upon receipt of a written release by the
3.15claimant in a form approved by the attorney general, or the person designated as the
3.16university attorney, as the case may be.
3.17No attachment or execution shall issue against the state.
3.18 Sec. 5. Minnesota Statutes 2012, section 3D.14, is amended to read:
3.193D.14 CONTINUATION BY LAW.
3.20(a) The following departments and agencies must be reviewed according to the
3.21schedule in section
3.22is enacted providing that the entity does expire:
3.23(1) a department or agency listed in section
3.24
3.25(2) the Office of Higher Education, Explore Minnesota Tourism, and the Public
3.26Utilities Commission.
3.27(b) During the regular session immediately before the sunset of a state agency or an
3.28advisory committee that expires under section
3.29to continue the agency or advisory committee for a period not to exceed 12 years. This
3.30chapter does not prohibit the legislature from:
3.31(1) terminating a state agency or advisory committee subject to this chapter at a date
3.32earlier than that provided in this chapter; or
3.33(2) considering any other legislation relative to a state agency or advisory committee
3.34subject to this chapter.
4.1 Sec. 6. Minnesota Statutes 2012, section 4.07, subdivision 2, is amended to read:
4.2 Subd. 2. State agency named to act instead. The governor may designate a state
4.3agency or agencies to act for the governor in applying for, receiving, and accepting federal
4.4funds under the provisions of subdivision 1.
4.5
4.6 Sec. 7. Minnesota Statutes 2012, section 4A.01, subdivision 3, is amended to read:
4.7 Subd. 3. Report. The commissioner must submit a report to the governor and chairs
4.8and ranking minority members of the senate and house of representatives committees
4.9with jurisdiction on state government finance by January 15 of each year that provides
4.10economic, social, and environmental demographic information to assist public and elected
4.11officials with long-term management decisions. The report must identify and assess
4.12the information important to understanding the state's two-, ten-, and 50-year outlook
4.13
4.14demographic forecast required by section
4.15with the preparation of the milestones report required by section
4.16policy recommendations based upon the information and assessment provided.
4.17 Sec. 8. Minnesota Statutes 2012, section 4A.02, is amended to read:
4.184A.02 STATE DEMOGRAPHER.
4.19(a) The commissioner shall appoint a state demographer. The demographer must be
4.20professionally competent in demography and must possess demonstrated ability based
4.21upon past performance.
4.22(b) The demographer shall:
4.23(1) continuously gather and develop demographic data relevant to the state;
4.24(2) design and test methods of research and data collection;
4.25(3) periodically prepare population projections for the state and designated regions
4.26and periodically prepare projections for each county or other political subdivision of the
4.27state as necessary to carry out the purposes of this section;
4.28(4) review, comment on, and prepare analysis of population estimates and
4.29projections made by state agencies, political subdivisions, other states, federal agencies, or
4.30nongovernmental persons, institutions, or commissions;
4.31(5) serve as the state liaison with the United States Bureau of the Census, coordinate
4.32state and federal demographic activities to the fullest extent possible, and aid the
4.33legislature in preparing a census data plan and form for each decennial census;
5.1(6) compile an annual study of population estimates on the basis of county, regional,
5.2or other political or geographical subdivisions as necessary to carry out the purposes of
5.3this section and section
5.4(7) by January 1 of each year, issue a report to the legislature containing an analysis
5.5of the demographic implications of the annual population study and population projections;
5.6(8) prepare maps for all counties in the state, all municipalities with a population
5.7of 10,000 or more, and other municipalities as needed for census purposes, according to
5.8scale and detail recommended by the United States Bureau of the Census, with the maps
5.9of cities showing precinct boundaries;
5.10(9) prepare an estimate of population and of the number of households for each
5.11governmental subdivision for which the Metropolitan Council does not prepare an annual
5.12estimate, and convey the estimates to the governing body of each political subdivision
5.13by June 1 of each year;
5.14(10) direct, under section
5.15household estimates of annexed or detached areas of municipalities or towns after being
5.16notified of the order or letter of approval by the chief administrative law judge of the
5.17State Office of Administrative Hearings;
5.18(11) prepare, for any purpose for which a population estimate is required by law
5.19or needed to implement a law, a population estimate of a municipality or town whose
5.20population is affected by action under section
5.21(12) prepare an estimate of average household size for each statutory or home rule
5.22charter city with a population of 2,500 or more by June 1 of each year.
5.23(c) A governing body may challenge an estimate made under paragraph (b) by filing
5.24their specific objections in writing with the state demographer by June 24. If the challenge
5.25does not result in an acceptable estimate, the governing body may have a special census
5.26conducted by the United States Bureau of the Census. The political subdivision must
5.27notify the state demographer by July 1 of its intent to have the special census conducted.
5.28The political subdivision must bear all costs of the special census. Results of the special
5.29census must be received by the state demographer by the next April 15 to be used in that
5.30year's June 1 estimate to the political subdivision under paragraph (b).
5.31(d) The state demographer shall certify the estimates of population and household
5.32size to the commissioner of revenue by July 15 each year, including any estimates still
5.33under objection.
5.34(e)
5.35
6.1
6.2required under this chapter, including, but not limited to, population estimates and
6.3projections, the preparation of maps, and other estimates.
6.4 Sec. 9. Minnesota Statutes 2012, section 15.06, subdivision 1, is amended to read:
6.5 Subdivision 1. Applicability. This section applies to the following departments
6.6or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
6.7Education, Employment and Economic Development, Health, Human Rights, Labor and
6.8Industry, Management and Budget, Natural Resources, Public Safety, Human Services,
6.9Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution Control
6.10Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
6.11 the Office of MN.IT Services; the Bureau of Mediation Services; and their successor
6.12departments and agencies. The heads of the foregoing departments or agencies are
6.13"commissioners."
6.14 Sec. 10. Minnesota Statutes 2012, section 15.76, subdivision 1, is amended to read:
6.15 Subdivision 1. Program established. The state agency value initiative (SAVI)
6.16program is established to encourage state agencies to identify cost-effective and efficiency
6.17measures in agency programs and operations that result in cost savings for the state.
6.18All state agencies
6.19authorized to carry forward operating funds may participate in this program.
6.20 Sec. 11. Minnesota Statutes 2012, section 15.76, subdivision 2, is amended to read:
6.21 Subd. 2. Retained savings. (a) In order to encourage innovation and creative
6.22cost savings by state employees, upon approval of the commissioner of management
6.23and budget, 50 percent of any appropriations for agency operations that remain unspent
6.24at the end of a biennium because of unanticipated innovation, efficiencies, or creative
6.25cost-savings may be carried forward and retained by the agency to fund specific agency
6.26proposals or projects. Agencies choosing to spend retained savings funds must ensure that
6.27project expenditures do not create future obligations beyond the amounts available from
6.28the retained savings. The retained savings must be used only to fund projects that directly
6.29support the performance of the agency's mission. This section does not restrict authority
6.30granted by other law to carry forward money for a different period or for different purposes.
6.31(b) This section supersedes any contrary provision of section
6.32 Sec. 12. Minnesota Statutes 2012, section 15.76, subdivision 3, is amended to read:
7.1 Subd. 3.
7.2
7.3
7.4
7.5
7.6
7.7
7.8(1) the agency has posted notice of spending for the proposed project on the agency
7.9Web site for at least 30 days;
7.10(2) the commissioner of management and budget has approved spending money
7.11from the SAVI account for the project
7.12
7.13
7.14review and
7.15
7.16
7.17
7.18
7.19
7.20 Sec. 13. Minnesota Statutes 2012, section 16A.056, subdivision 7, is amended to read:
7.21 Subd. 7. Retention of data. The database required under this section must include
7.22
7.23least ten years.
7.24 Sec. 14. Minnesota Statutes 2012, section 16A.095, is amended to read:
7.2516A.095 STATE BUDGET SYSTEM.
7.26 Subdivision 1. Rules and instructions. The commissioner shall make rules and
7.27instructions for budget preparation. They must deal with classifying expenditures and with
7.28the content and submission of budget requests and
7.29 for each budget activity.
7.30 Subd. 2. Budget improvements. The commissioner may choose executive agencies
7.31to test improvements in the budget system. The commissioner shall recommend required
7.32legislation to install improvements in the budget system for all
7.33submit budget information in the system. The budget system must classify expenditures by
8.1programs and budget activities and, to the greatest extent practicable, emphasize alternative
8.2approaches in program development and criteria to evaluate and measure performance.
8.3 Subd. 2a. Mutual cooperation; due regard. Executive agencies must cooperate
8.4with the commissioner in
8.5the commissioner's requirements while giving due regard to the executive agencies'
8.6requirements.
8.7 Sec. 15. Minnesota Statutes 2012, section 16A.10, subdivision 1, is amended to read:
8.8 Subdivision 1. Budget format. In each even-numbered calendar year the
8.9commissioner shall prepare budget forms and instructions for all agencies, including
8.10guidelines for reporting agency performance measures, subject to the approval of the
8.11governor. The commissioner shall request and receive advisory recommendations from
8.12the chairs of the senate Finance Committee and house of representatives Ways and
8.13Means Committee before adopting a format for the biennial budget document. By June
8.1415, the commissioner shall send the proposed budget forms to the appropriations and
8.15finance committees. The committees have until July 15 to give the commissioner their
8.16advisory recommendations on possible improvements. To facilitate this consultation, the
8.17commissioner shall establish a working group consisting of executive branch staff and
8.18designees of the chairs of the senate Finance and house of representatives Ways and Means
8.19Committees. The commissioner must involve this group in all stages of development of
8.20budget forms and instructions. The budget format must show actual expenditures and
8.21receipts for the most recent fiscal year, estimated expenditures and receipts for the current
8.22fiscal year, and estimates for each fiscal year of the next biennium. Estimated expenditures
8.23must be classified by funds and character of expenditures and
8.24programs and activities. Agency revenue estimates must have supporting documentation
8.25to show how the estimates were made and what factors were used. Receipts must be
8.26classified by funds, programs, and activities. Expenditure and revenue estimates must be
8.27based on the law in existence at the time the estimates are prepared.
8.28 Sec. 16. Minnesota Statutes 2012, section 16A.10, subdivision 1c, is amended to read:
8.29 Subd. 1c. Performance measures for change items. For each change item in the
8.30budget proposal requesting new or increased funding, the budget document must present
8.31proposed performance measures that can be used to determine if the new or increased
8.32funding is accomplishing its goals. To the extent possible, each budget change item
8.33must identify relevant
8.34related to the proposed initiative.
9.1
9.2
9.3
9.4 Sec. 17. Minnesota Statutes 2012, section 16A.127, subdivision 4, is amended to read:
9.5 Subd. 4. Federal proposals. Agency applications for federal money shall include
9.6necessary submissions to recover both statewide and agency indirect costs.
9.7
9.8indirect cost plan is unnecessary if the commissioner determines that the costs incurred in
9.9preparing and maintaining it exceed the benefit received by the state. If less than the entire
9.10agency proposal is federally approved, the commissioner may accept reimbursement of
9.11less than all of the federal receipts. If no federal funds are approved for indirect costs,
9.12the agency must document that fact to the commissioner.
9.13 Sec. 18. Minnesota Statutes 2012, section 16A.96, subdivision 2, is amended to read:
9.14 Subd. 2. Authority. (a) Subject to the limitations of this subdivision, the
9.15commissioner of management and budget may sell and issue appropriation bonds of the
9.16state under this section for the purposes of the Minnesota pay-for-performance program
9.17established in sections
9.18a special appropriation bond proceeds account in the state treasury. Net income from
9.19investment of the proceeds, as estimated by the commissioner, must be credited to the
9.20special appropriation bond proceeds account.
9.21(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
9.22the commissioner, are necessary to provide sufficient funds for achieving the purposes
9.23authorized as provided under paragraph (a), and pay debt service, pay costs of issuance,
9.24make deposits to reserve funds, pay the costs of credit enhancement, or make payments
9.25under other agreements entered into under paragraph (d); provided, however, that bonds
9.26issued and unpaid shall not exceed $10,000,000 in principal amount, excluding refunding
9.27bonds sold and issued under subdivision 4.
9.28 The commissioner may sell and issue bonds only in an amount that the commissioner
9.29determines will result in principal and interest payments less than the amount of savings to
9.30be generated through pay-for-performance contracts under section
9.31achieving savings under a pay-for-performance contract, the commissioner must reduce
9.32general fund appropriations by at least the amount of principal and interest payments on
9.33bonds issued under this section.
10.1(c) Appropriation bonds may be issued in one or more series on the terms and
10.2conditions the commissioner determines to be in the best interests of the state, but the term
10.3on any series of bonds may not exceed 20 years.
10.4(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
10.5time thereafter, so long as the appropriation bonds are outstanding, the commissioner
10.6may enter into agreements and ancillary arrangements relating to the appropriation
10.7bonds, including but not limited to trust indentures, liquidity facilities, remarketing or
10.8dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
10.9reimbursement agreements, indexing agreements, or interest exchange agreements. Any
10.10payments made or received according to the agreement or ancillary arrangement shall be
10.11made from or deposited as provided in the agreement or ancillary arrangement. The
10.12determination of the commissioner included in an interest exchange agreement that the
10.13agreement relates to an appropriation bond shall be conclusive.
10.14 Sec. 19. Minnesota Statutes 2012, section 16E.01, subdivision 1, is amended to read:
10.15 Subdivision 1. Creation; chief information officer. The Office of
10.16
10.17the executive branch headed by a commissioner, who also is the state chief information
10.18officer. The appointment of the
10.19advice and consent of the senate under section
10.20 Sec. 20. Minnesota Statutes 2012, section 16E.04, subdivision 2, is amended to read:
10.21 Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the
10.22office shall carry out the duties set out in this subdivision.
10.23 (b) The office shall develop and establish a state information architecture to ensure:
10.24(1) that state agency development and purchase of information and communications
10.25systems, equipment, and services is designed to ensure that individual agency information
10.26systems complement and do not needlessly duplicate or conflict with the systems of other
10.27agencies; and
10.28(2) enhanced public access to data can be provided consistent with standards
10.29developed under section
10.30When state agencies have need for the same or similar public data, the chief information
10.31officer, in coordination with the affected agencies, shall manage the most efficient and
10.32cost-effective method of producing and storing data for or sharing data between those
10.33agencies. The development of this information architecture must include the establishment
11.1of standards and guidelines to be followed by state agencies. The office shall ensure
11.2compliance with the architecture.
11.3 (c) The office shall, in cooperation with state agencies, plan and manage the
11.4development and improvement of information systems so that an individual information
11.5system reflects and supports the state agency's mission and the state's requirements
11.6and functions.
11.7
11.8
11.9
11.10
11.11
11.12 (d) The office shall review and approve agency requests for funding for the
11.13development or purchase of information systems equipment or software before the
11.14requests may be included in the governor's budget.
11.15 (e) The office shall review and approve agency requests for grant funding that have
11.16an information and technology component.
11.17(f) The office shall review major purchases of information systems equipment to:
11.18 (1) ensure that the equipment follows the standards and guidelines of the state
11.19information architecture;
11.20 (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
11.21volume purchasing; and
11.22 (3) ensure that the equipment is consistent with other systems in other state agencies
11.23so that data can be shared among agencies, unless the office determines that the agency
11.24purchasing the equipment has special needs justifying the inconsistency.
11.25 (g) The office shall review the operation of information systems by state agencies
11.26and ensure that these systems are operated efficiently and securely and continually meet
11.27the standards and guidelines established by the office. The standards and guidelines must
11.28emphasize uniformity that is cost-effective for the enterprise, that encourages information
11.29interchange, open systems environments, and portability of information whenever
11.30practicable and consistent with an agency's authority and chapter 13.
11.31
11.32
11.33
11.34
11.35
12.1 Sec. 21. Minnesota Statutes 2012, section 16E.18, subdivision 8, is amended to read:
12.2 Subd. 8. Exemption. The system is exempt from the five-year limitation on contracts
12.3set by sections
12.4and
12.5 Sec. 22. Minnesota Statutes 2012, section 43A.08, subdivision 1a, is amended to read:
12.6 Subd. 1a. Additional unclassified positions. Appointing authorities for the
12.7following agencies may designate additional unclassified positions according to this
12.8subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
12.9Education; Employment and Economic Development; Explore Minnesota Tourism;
12.10Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
12.11Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the
12.12Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
12.13Investment; the Office of Administrative Hearings; the Office of MN.IT Services; the
12.14Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota State
12.15Colleges and Universities; the Minnesota Office of Higher Education; the Perpich Center
12.16for Arts Education; and the Minnesota Zoological Board.
12.17A position designated by an appointing authority according to this subdivision must
12.18meet the following standards and criteria:
12.19(1) the designation of the position would not be contrary to other law relating
12.20specifically to that agency;
12.21(2) the person occupying the position would report directly to the agency head or
12.22deputy agency head and would be designated as part of the agency head's management
12.23team;
12.24(3) the duties of the position would involve significant discretion and substantial
12.25involvement in the development, interpretation, and implementation of agency policy;
12.26(4) the duties of the position would not require primarily personnel, accounting, or
12.27other technical expertise where continuity in the position would be important;
12.28(5) there would be a need for the person occupying the position to be accountable to,
12.29loyal to, and compatible with, the governor and the agency head, the employing statutory
12.30board or commission, or the employing constitutional officer;
12.31(6) the position would be at the level of division or bureau director or assistant
12.32to the agency head; and
12.33(7) the commissioner has approved the designation as being consistent with the
12.34standards and criteria in this subdivision.
13.1 Sec. 23. Minnesota Statutes 2012, section 299C.65, subdivision 1, is amended to read:
13.2 Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice
13.3Information Policy Group consists of the commissioner of corrections, the commissioner
13.4of public safety, the state chief information officer,
13.5
13.6Court, and the chair and first vice-chair of the Criminal and Juvenile Justice Information
13.7Task Force. The policy group may appoint additional, nonvoting members as necessary
13.8from time to time.
13.9(b) The commissioner of public safety is designated as the chair of the policy group.
13.10The commissioner and the policy group have overall responsibility for the integration of
13.11statewide criminal justice information systems. This integration effort shall be known
13.12as CriMNet. The policy group may hire an executive director to manage the CriMNet
13.13projects and to be responsible for the day-to-day operations of CriMNet. The executive
13.14director shall serve at the pleasure of the policy group in unclassified service. The policy
13.15group must ensure that generally accepted project management techniques are utilized for
13.16each CriMNet project, including:
13.17(1) clear sponsorship;
13.18(2) scope management;
13.19(3) project planning, control, and execution;
13.20(4) continuous risk assessment and mitigation;
13.21(5) cost management;
13.22(6) quality management reviews;
13.23(7) communications management;
13.24(8) proven methodology; and
13.25(9) education and training.
13.26(c) Products and services for CriMNet project management, system design,
13.27implementation, and application hosting must be acquired using an appropriate
13.28procurement process, which includes:
13.29(1) a determination of required products and services;
13.30(2) a request for proposal development and identification of potential sources;
13.31(3) competitive bid solicitation, evaluation, and selection; and
13.32(4) contract administration and close-out.
13.33(d) The policy group shall study and make recommendations to the governor, the
13.34Supreme Court, and the legislature on:
14.1(1) a framework for integrated criminal justice information systems, including the
14.2development and maintenance of a community data model for state, county, and local
14.3criminal justice information;
14.4(2) the responsibilities of each entity within the criminal and juvenile justice systems
14.5concerning the collection, maintenance, dissemination, and sharing of criminal justice
14.6information with one another;
14.7(3) actions necessary to ensure that information maintained in the criminal justice
14.8information systems is accurate and up-to-date;
14.9(4) the development of an information system containing criminal justice
14.10information on gross misdemeanor-level and felony-level juvenile offenders that is part of
14.11the integrated criminal justice information system framework;
14.12(5) the development of an information system containing criminal justice
14.13information on misdemeanor arrests, prosecutions, and convictions that is part of the
14.14integrated criminal justice information system framework;
14.15(6) comprehensive training programs and requirements for all individuals in criminal
14.16justice agencies to ensure the quality and accuracy of information in those systems;
14.17(7) continuing education requirements for individuals in criminal justice agencies
14.18who are responsible for the collection, maintenance, dissemination, and sharing of
14.19criminal justice data;
14.20(8) a periodic audit process to ensure the quality and accuracy of information
14.21contained in the criminal justice information systems;
14.22(9) the equipment, training, and funding needs of the state and local agencies that
14.23participate in the criminal justice information systems;
14.24(10) the impact of integrated criminal justice information systems on individual
14.25privacy rights;
14.26(11) the impact of proposed legislation on the criminal justice system, including any
14.27fiscal impact, need for training, changes in information systems, and changes in processes;
14.28(12) the collection of data on race and ethnicity in criminal justice information
14.29systems;
14.30(13) the development of a tracking system for domestic abuse orders for protection;
14.31(14) processes for expungement, correction of inaccurate records, destruction of
14.32records, and other matters relating to the privacy interests of individuals; and
14.33(15) the development of a database for extended jurisdiction juvenile records and
14.34whether the records should be public or private and how long they should be retained.
14.35 Sec. 24. Minnesota Statutes 2012, section 403.36, subdivision 1, is amended to read:
15.1 Subdivision 1. Membership. (a) The commissioner of public safety shall convene
15.2and chair the Statewide Radio Board to develop a project plan for a statewide, shared,
15.3trunked public safety radio communication system. The system may be referred to as
15.4"Allied Radio Matrix for Emergency Response," or "ARMER."
15.5(b) The board consists of the following members or their designees:
15.6(1) the commissioner of public safety;
15.7(2) the commissioner of transportation;
15.8(3) the state chief information officer;
15.9(4) the commissioner of natural resources;
15.10(5) the chief of the Minnesota State Patrol;
15.11(6)
15.12
15.13
15.14from Greater Minnesota, appointed by the governing body of the League of Minnesota
15.15Cities;
15.16
15.17and one from Greater Minnesota, appointed by the governing body of the Association
15.18of Minnesota Counties;
15.19
15.20Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs'
15.21Association;
15.22
15.23from Greater Minnesota, appointed by the governor after considering recommendations
15.24made by the Minnesota Chiefs' of Police Association;
15.25
15.26Greater Minnesota, appointed by the governor after considering recommendations made
15.27by the Minnesota Fire Chiefs' Association;
15.28
15.29nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
15.30after considering recommendations made by the Minnesota Ambulance Association;
15.31
15.32
15.33in phase three and any subsequent phase of development as defined in the statewide,
15.34shared radio and communication plan, who have submitted a plan to the Statewide Radio
15.35Board and where development has been initiated.
16.1(c) The Statewide Radio Board shall coordinate the appointment of board members
16.2representing Greater Minnesota with the appointing authorities and may designate the
16.3geographic region or regions from which an appointed board member is selected where
16.4necessary to provide representation from throughout the state.
16.5 Sec. 25. Minnesota Statutes 2012, section 477A.03, subdivision 2b, is amended to read:
16.6 Subd. 2b. Counties. (a) For aids payable in 2013 and thereafter, the total aid
16.7payable under section
16.8$500,000 shall be retained by the commissioner of revenue to make reimbursements to
16.9the commissioner of management and budget for payments made under section
16.10
16.11
16.12
16.13reimbursements shall be to defray the additional costs associated with court-ordered
16.14counsel under section
16.15shall be included in the next distribution of county need aid that is certified to the county
16.16auditors for the purpose of property tax reduction for the next taxes payable year.
16.17 (b) For aids payable in 2013 and thereafter, the total aid under section
16.18subdivision 4
16.19 commissioner of revenue shall transfer to the commissioner of management and budget
16.20$207,000 annually for the cost of preparation of local impact notes as required by section
16.22activities. The
16.23
16.24
16.25
16.26as required by section 3.987. The commissioner of revenue shall deduct the amounts
16.27 transferred under this paragraph from the appropriation under this paragraph. The amounts
16.28
16.29the commissioner of education
16.30 Sec. 26. REVISOR'S INSTRUCTION.
16.31In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall:
16.32(1) substitute the term "Office of MN.IT Services" for "Office of Enterprise
16.33Technology" in each place where the latter term appears; and
17.1(2) substitute the term "MN.IT services revolving fund" for "enterprise technology
17.2revolving fund" in each place where the latter term appears.
17.3 Sec. 27. REPEALER.
17.4(a) Minnesota Statutes 2012, sections 3.989, subdivision 2; 15.06, subdivision
17.51a; 16A.06, subdivision 9; 16A.103, subdivision 4; 16A.106; 43A.31, subdivision 2;
17.6127A.095, subdivision 3; and 325G.415, are repealed.
17.7(b) Laws 2000, chapter 479, article 2, section 1, as amended by Laws 2000, chapter
17.8499, section 41, and Laws 2001, First Special Session chapter 5, article 20, section 20, is
17.9repealed.